Free Motion to Clarify - District Court of Colorado - Colorado

Case 1:03-cv-02401-RPM

Document 151

Filed 07/07/2005

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-2401 (RPM) (MJW) JASON C. FREDERICK Plaintiff, KAISER PERMANENTE and RSKCO CLAIMS SERVICES, as subrogee for JASON C. FREDERICK, Plaintiff-Intervenor, v. PHILIPS MEDICAL SYSTEMS (CLEVELAND), INC., an Ohio corporation, Defendant. ______________________________________________________________________________ PLAINTIFF'S MOTION TO CLARIFY MINUTE ORDER ENTERED BY SENIOR DISTRICT JUDGE RICHARD MATSCH DATED JULY 6, 2005 _______________________________________________________________________________ Plaintiff Jason C. Frederick, by and through undersigned counsel, submits the following Motion to Clarify Minute Order Entered By Senior District Judge Richard Matsch Dated July 6, 2005, stating as follows: 1. On July 1, 2005, Plaintiff filed their Rule 72 Objections to Minute Order of

Magistrate Judge Watanabe, Dated June 30, 2005, and Request for Forthwith Ruling. In those Objections, Plaintiff is requesting, inter alia, that the Court extend the current July 11, 2005 due date for the submission of Rule 26(a)(2) disclosures. In part, Rule 72 Objections were necessary because the initial Motion for Extension, filed on June 21, 2005, was denied by Magistrate Judge Watanabe based on his view that he did not have the authority to grant the request because the Court had set the Pretrial Conference for September, 9, 2005. Plaintiff does not believe, based on the comments of the Court at the hearing on May 25, 2005, that the Court intended to impose deadlines that require

Case 1:03-cv-02401-RPM

Document 151

Filed 07/07/2005

Page 2 of 4

Plaintiff to submit Rule 26(a)(2) disclosures while the Rule 30(b)(6) deposition that was ordered by the Magistrate Judge has not been completed and documents that are the subject of an Order of the Magistrate Judge have not been produced. Further, based on the Court's comments at the hearing, Plaintiff does not believe that the Court intended Plaintiff to have to file Rule 26(a)(2) disclosures at this point in time when his medical condition is still developing. 2. As one of the principal purposes of the Rule 72 Objections was to avoid the time and

expense of filing partial or incomplete Rule 26(a)(2) disclosures, Plaintiff requested a forthwith ruling. The Court has now set a hearing, but, unfortunately, because of the difficulty of finding a clear date on short notice on the calendars of all involved, the hearing date is July 14, 2005 ­ three days after the current deadline. 3. Plaintiff requests the Court to clarify its Minute Order to confirm that by setting the

hearing for a date shortly after the current deadline, the Court intended to stay the deadline, at least until the hearing, so that Plaintiff can be heard on the Objections and the Court can set a schedule to address remaining pretrial issues in a manner that is appropriate given the current circumstances of this case. WHEREFORE, Plaintiff requests this Court to clarify its Minute Order, dated July 6, 2005, to confirm that by setting the hearing for a date three days after the current due date for Plaintiff's Rule 26(a)(2) disclosures, the Court intended to stay that deadline until the hearing so that the Court can fully address Plaintiff's Objections as that time.

CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 7.1

2

Case 1:03-cv-02401-RPM

Document 151

Filed 07/07/2005

Page 3 of 4

Plaintiff's counsel conferred with defense counsel, Mr. Damian Stone, who indicated that Defendant opposes a three day extension of Rule 26(a)(2) due date. DATED this 7th day of July, 2005.

s/ Shelley B. Don Shelley B. Don Watson W. Galleher DON, HILLER& GALLEHER, PC 1737 Gaylord Street Denver, CO 80206 (303) 572-1668 Fax: (303) 572-0900 [email protected] Attorney for Plaintiff

3

Case 1:03-cv-02401-RPM

Document 151

Filed 07/07/2005

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on this 7th day of July, 2005, a true and correct copy of the foregoing PLAINTIFF'S MOTION TO CLARIFY MINUTE ORDER ENTERED BY SENIOR DISTRICT JUDGE RICHARD MATSCH DATED JULY 6, 2005 was electronically filed with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: [email protected] for C. Michael Montgomery, Esq. Damian Stone, Esq. Montgomery, Kolodny, Amatuzio & Dusbabek, L.L.P. 475 17th Street, Suite 1600 Denver, CO 80202 [email protected] for Geri O'Brien Williams, Esq. Scott M. Ayler, Esq. Dworkin, Chambers & Williams, P.C. 3900 E. Mexico Avenue, Suite 1300 Denver, CO 80210

s/Roberta Glaser

4